Title review with a lawyer

You meet a lawyer with every paper you hold on the land before any declaration of title suit in Bangladesh is drafted. The lawyer traces the chain of title from the CS, SA, RS and BS khatian through each deed, inheritance and mutation to you, and identifies exactly who is denying your title and how. The key decision is what relief to claim.

Section 42 of the Specific Relief Act bars a bare declaration if you could also ask for further relief, so a plaintiff out of possession must normally add recovery of possession, and a rival deed may need a cancellation prayer. Limitation is also checked here.

Where: Lawyer's chamber · Time: 1-3 weeks · Law: s.42 Specific Relief Act 1877 (proviso); Limitation Act 1908, Sch. I arts. 120, 142 and 144 · Documents: Title deeds and via deeds, Khatian copies, Mutation (namjari) papers, Land development tax receipts (DCR)

Tip: Do not file for a 'mere declaration' if you are out of possession. The suit can fail on the s.42 proviso alone.

Collect certified land records

The lawyer's clerk applies for certified copies of each record the case depends on: CS, SA, RS and city survey khatians and mouza maps from the district record room, mutation case records and DCR from the AC Land office, and certified copies of registered deeds and volume entries from the sub-registry. These certified copies are admissible public documents. Finally published record-of-rights entries are presumed correct until disproved, so a wrong entry against you has to be met with evidence, not simply denied.

Where: Record room, AC Land office and sub-registry · Time: 2-6 weeks · Law: s.144A State Acquisition and Tenancy Act 1950; ss.57 and 74-77 Evidence Act 1872; s.57 Registration Act 1908 · Documents: Certified khatian copies, Mouza map extract, Certified deed copies, Mutation case file copies

Tip: If your only complaint is a wrong entry in a finally published survey record, the Land Survey Tribunal under s.145A SAT Act may be the correct forum instead.

Value the suit and choose the court

The suit is valued for jurisdiction at the market value of the land. That value decides the trial court: a Civil Judge up to Tk 15 lakh, a Senior Civil Judge up to Tk 25 lakh, and a Joint District Judge above that, all in the district where the land lies. The court fee is separate: a bare declaration carries a fixed Tk 300, while a declaration with consequential relief or possession is charged ad valorem on the value stated. Undervaluing the relief invites an order to pay deficit fee or rejection of the plaint.

Where: Lawyer's chamber · Time: 1 week · Law: s.16 CPC; ss.18, 19 Civil Courts Act 1887 (as amended 2021, 2026); Court-fees Act 1870, s.7(iv)(c), s.7(v), Sch. II art. 12(iii); s.8 Suits Valuation Act 1887; Order VII rule 11 CPC · Documents: Valuation statement, Court fee stamps

Tip: Since 2 November 2025 (Civil Courts (Amendment) Act 2026) the Assistant Judge and Senior Assistant Judge are called Civil Judge and Senior Civil Judge. The pecuniary limits, set in 2021, did not change.

File the plaint

The lawyer files the plaint, signed and verified by the plaintiff, with a schedule describing the land by district, upazila, mouza, JL number, khatian, dag and area so precisely that a decree can be executed. In a declaration of title suit in Bangladesh, the plaint pleads the chain of title, the date and manner of the denial, the cause of action and the reliefs. A list of documents relied on is attached. The court registers the suit as a title suit, checks court fee and jurisdiction, and fixes a date for the defendant's appearance.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 1 day to file; 1-2 weeks for registration · Law: s.26 CPC; Order VI rules 14-15 CPC; Order VII rules 1, 3 and 14 CPC · Documents: Plaint with schedule of land, Vakalatnama, List of documents, Court fee, Copies for each defendant

Tip: An unclear land schedule is one of the commonest reasons a decree later proves impossible to execute.

Summons served on the defendants

The court issues summons to every defendant, including anyone whose name appears in the current khatian and, where a government interest is involved, the Deputy Commissioner. Summons go by court process server and registered post, and since the 2026 amendments may also be sent by SMS, voice call, instant messaging and e-mail at the plaintiff's cost. Where personal service fails, the court may order substituted service by publication. If the government is a defendant, a two-month notice under section 80 CPC must normally have been served before filing.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 1-3 months · Law: Order V rules 9, 9A and 20 CPC (as amended 2026); s.80 CPC · Documents: Summons, Postal and service returns, Section 80 notice (if government is a party)

Tip: Missing a necessary party, such as a co-sharer heir, is a common ground for dismissal. Join everyone with a recorded interest.

Temporary injunction or status quo

If the defendant is trying to sell, build on or dispossess you from the land while the suit runs, the plaintiff files an application with affidavit for a temporary injunction. The court looks for a prima facie case, balance of convenience and irreparable loss. Notice usually goes to the other side first; an ad interim order without notice is allowed only where delay would defeat the purpose. The court may instead order both sides to maintain the status quo. Disobedience can lead to attachment of property and civil prison of up to six months.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 2 weeks to 4 months · Law: Order XXXIX rules 1-4 CPC; s.94(c) and s.151 CPC · Documents: Injunction application with affidavit, Photographs or local inspection report

Tip: An order on the injunction application is appealable to the District Judge under Order XLIII rule 1(r) CPC.

Written statement and issues

The defendant must file a written statement within thirty working days of service; later filing is allowed only for reasonable grounds and usually on costs. The defendant answers every allegation, sets out his own title and may raise limitation, non-joinder, valuation or the section 42 bar. The court then reads the plaint and written statement, examines the parties if needed and frames issues of fact and law, such as whether the plaintiff has title, whether he is in possession and whether the suit is maintainable.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 2-8 months · Law: Order VIII rules 1 and 5 CPC; Order X rule 1 CPC; Order XIV rule 1 CPC · Documents: Written statement, Defendant's documents, Order framing issues

Tip: Denials must be specific. A general denial can be treated as an admission under Order VIII rule 5.

Court-annexed mediation

Once the written statement is in, the court must try mediation, either itself or by referring the parties to their lawyers, the legal aid officer or a mediator from the District Judge's panel. Mediation must normally finish within sixty days, extendable by thirty. Family members disputing inherited land often settle here, for example by agreeing shares or a sale. A settlement leads to a compromise decree. If mediation fails, nothing said in it can be used at trial, and the suit continues.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 2-3 months · Law: s.89A CPC; Order XXIII rule 3 CPC · Documents: Mediation report, Settlement agreement (if reached)

Tip: A settlement in mediation brings a refund of the court fee paid on the plaint, as section 89A provides.

Local investigation by an advocate commissioner

Where the dispute turns on the identity, boundaries or possession of the land, the court appoints an advocate commissioner, sometimes with a surveyor, to visit the site. The commissioner measures the plots against the mouza map, notes who is in possession and what structures stand there, and files a report with a sketch map. Either side may file objections, and the commissioner can be examined as a witness. The report is evidence, but the court is not bound to accept it.

Where: Record room, AC Land office and sub-registry · Time: 1-3 months · Law: Order XXVI rules 9-10 CPC · Documents: Commission application, Commission report and sketch map, Objections to the report

Tip: Attend the local inspection with your own surveyor and witnesses. Objections raised later carry less weight.

Evidence of the parties

At the peremptory hearing the plaintiff proves title first. Since the 2026 amendments, examination-in-chief of the parties is given on affidavit, and the witness is then cross-examined in court. The plaintiff exhibits certified deeds, khatians, mutation records and tax receipts, and calls neighbours or the vendor to prove possession. The defendant then gives his evidence. No more than four adjournments can be granted at either party's request before the peremptory hearing; further adjournments carry costs and are strictly limited. A disputed signature may be referred to a handwriting expert.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 1-3 years · Law: Order XVIII rules 1-4 CPC; Order XVIII rule 4A CPC (inserted by Act XXXVI of 2026, in force from 8 May 2025); Order XVII rule 1(3) CPC (as amended 2026); ss.45, 73 and 101-103 Evidence Act 1872 · Documents: Affidavits in chief, Exhibited deeds and khatians, Witness summonses

Tip: The burden of proving title is on the plaintiff. Weakness in the defendant's case does not make up for gaps in your own chain.

Arguments

After evidence closes, both lawyers argue issue by issue, referring to the exhibits, the deposition of each witness and decided cases of the Appellate Division and High Court Division. Typical points are whether the plaintiff proved an unbroken chain of title, whether the record-of-rights presumption has been rebutted, whether the suit is barred by limitation or adverse possession, and whether the section 42 proviso applies. Written arguments are often filed as well.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 1-4 months · Law: Order XVIII rule 2 CPC · Documents: Written arguments, Copies of cited judgments

Tip: Bring the trial court's attention to every exhibit number in your chain; judges decide on what is proved on the record.

Judgment

The court pronounces judgment in open court, either at once or on a later date not beyond seven days after hearing, deciding each issue with reasons. In a successful declaration of title suit in Bangladesh, the court declares the plaintiff's title to the scheduled land and grants the consequential reliefs proved, such as recovery of khas possession, or a declaration that a rival deed or khatian entry is not binding. The court may also award costs. A suit can also be decreed in part.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: Same day to a few weeks after arguments · Law: Order XX rules 1, 4 and 5 CPC; s.42 Specific Relief Act 1877 · Documents: Signed judgment

Tip: Order a certified copy immediately. The appeal clock runs from the decree, and copying time is only excluded if you apply promptly.

Decree drawn up

The decree is drawn up separately from the judgment and must agree with it. It sets out the reliefs, the land schedule and the costs. Errors in the decree can be corrected under section 152 CPC. A decree that only declares title needs no execution, but it binds the parties and those claiming under them and is used to update the record. Where possession or another consequential relief was granted, the decree-holder moves to execution.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 2-6 weeks · Law: Order XX rules 6 and 7 CPC; s.152 CPC · Documents: Certified copy of decree, Certified copy of judgment

Tip: Check the decree's land schedule word for word against the plaint before collecting it.

Execution of the possession decree

If the decree orders recovery of possession, the decree-holder applies for execution, which since the 2026 amendments can be pursued within the original suit. The court issues a writ of delivery of possession, and its nazir goes to the land, removes the judgment-debtor and puts the decree-holder in possession, with police help where the court directs. Execution must be sought within three years of the final decree, or six if a certified copy has been registered.

Where: Civil court of first instance (Civil Judge / Senior Civil Judge / Joint District Judge) · Time: 3 months to 2 years · Law: Order XXI rules 35, 97 and 104 CPC (r.104 inserted 2026); s.94A CPC (inserted 2026); Limitation Act 1908, Sch. I art. 182 · Documents: Execution application, Writ of delivery of possession, Nazir's return

Tip: Execution is often resisted by third parties claiming independent title; the executing court decides those claims under Order XXI rules 97-101.

Mutation and record correction

With a final decree, the winning party applies to the AC Land for mutation of the khatian into his name and pays land development tax in his own name. The decree is the basis for the AC Land's order, and the record is updated in the land records system. Where the decree declared a rival deed void, a copy is sent to the sub-registry so the registered volume is noted. This step turns a court victory into clean records for any future sale or mortgage.

Where: Record room, AC Land office and sub-registry · Time: 1-3 months · Law: s.143 State Acquisition and Tenancy Act 1950; Land Development Tax Act 2023 · Documents: Certified decree, Mutation application, Land development tax receipt

Tip: Apply for mutation only after the time for appeal has passed, or after the appeal ends, to avoid a second round.